Inclosure Act 1857
| Jurisdiction | UK Non-devolved |
| Citation | 1857 c. 31 |
(20 & 21 Vict.) C A P. XXXI.
[10th August 1857]
'WHEREAS it is expedient that ‘The Acts for the Inclosure, Exchange, and Improvement of Land’ should be further amended and extended:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
I Fences may be dispensed with.
I. In any Case of Inclosure in which it shall appear to the Inclosure Commissioners ofEngland and Wales to be unnecessary that all or any of the Allotments to be made under the Award of the Valuer acting in the Matter of such Inclosure should be fenced, it shall be lawful for the said Commissioners, by an Order under their Hands and Seal, if they shall see fit to dispense with the Erection of Boundary and other Fences, to direct that such Allotments or any of them shall be distinguished by Metes and Bounds: Provided nevertheless, that any Person interested in an Allotment may at any Time fence the same at his own Expense.
II Allotments, until fenced, to be deemed a regulated Pasture.
II. So long as any of such Allotments remain unfenced the same shall be subject to the Provisions of the said Acts relating to regulated Pastures, in such Manner as the Valuer, with the Approbation of the said Commissioners, shall by his Award direct; and the Owners thereof shall enjoy all such Rights of Common by reason of Vicinage as they were entitled to prior to the setting out of such Allotments.
III Notices, &c. may be sent by Post, or left at usual Place of Abode.
III. Where by the said Acts Notice is required to be given to any designated Person, or any Claim is required to be delivered to the Valuer in the Matter of any Inclosure, such Notice may be given or Claim delivered either by sending it by the Post in a registered Letter, or by leaving it at the Office or usual Place of Abode of such Person or Valuer respectively.
IV Exchanges of Land by Railway and other Companies.
IV. For the Purpose of removing all Doubts as to the Power of Companies incorporated by special Act of Parliament for the making and maintaining of any Railway, Canal, Docks, Harbour, Waterworks, or other Work, to exchange Land belonging to such Companies under the Provisions of the said Acts, be it declared and enacted, That every such Company shall be deemed to be a Person interested within the Meaning of ‘The Acts for the Inclosure, Exchange, and Improvement of Land,’ for the Purpose of exchanging Land belonging to the said Company, and that notwithstanding the Provisions in any Act of Parliament relating to such Company specially limiting the Purposes to which such Land belonging to the said Company shall be applicable.
V Exchange of Lands in which Her Majesty is interested in reversion.
V. In case any Person interested according to the Definition contained in the Sixteenth Section of the Act passed in the Session of Parliament held in the Eighth and Ninth Years of the Reign of Her present Majesty, Chapter One hundred and eighteen, shall apply to the Inclosure Commissioners for an Order of Exchange of any Land in which Her Majesty, Her Heirs or Successors, have any Estate or Interest in right of the Crown, in reversion or remainder expectant upon the Determination of any Estate for Life or other larger Interest, it shall be lawful for the Inclosure Commissioners to make such Order of Exchange, if they shall so think fit, provided that the Consent of Her Majesty, Her Heirs or Successors, shall have been previously signified thereto by some Writing under the Hand of One of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues; and every such Order of Exchange which shall be made with such Consent shall be valid and effectual to all Intents and Purposes whatsoever, and shall be binding upon Her Majesty, Her Heirs and Successors, and a Duplicate thereof shall in every Case be deposited in the Office of Land Revenue Records and Inrolments: Provided always, that in case any such Order shall, previously to the passing of this Act, have been made upon the Application of any Person as above mentioned, with the said Consent previously signified as aforesaid, every such Order shall be...
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